Spiire

Terms and Conditions

The Spiire mobile application entitled “Spiire Viewer” (the App) is a virtual reality simulation application owned and operated by Spiire Australia Pty Ltd ACN (050 029 635) (Spiire, us, we, our) and is provided to the user of the App (you, your) on these terms.

Your access to and use of the App (collectively, your Access) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the App (Terms of Use).

By downloading, accessing or using the App or the services, features or functionality offered through the App (Services) you agree to be bound by these Terms of Use.

You must be over the age of 18 to use the App without supervision.

All persons under the age of 18 (Minors) must be supervised by an adult at all times while using the App.

Your account

We will not be liable for any unauthorised use of the App downloaded to your device.

Any passwords created by you or assigned by us must be kept safe and secure and only used by those authorised to do so. You must notify the administrator immediately if you suspect that your details have been compromised or stolen.

We reserve the right to revise, amend and update these Terms of Use at any time. The revised Terms of Use will take effect when they are posted to the App.

Privacy

The Spiire Privacy Policy is incorporated into these Terms of Use. By accepting these Terms of Use you agree to the collection, use and sharing of your information and personal data in accordance with the Privacy Policy.

Ownership of content on the Services

The materials displayed on the App, including without limitation, all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the App (Content) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the App.

All intellectual property rights (including future copyright) in the information and other material appearing on the Services is the exclusive property of Spiire and its authorised suppliers.

Subject to these Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Services and Content for the purposes outlined.

You acknowledge that the Content is commercially sensitive and you must not disclose the Content to any other party.

Except as otherwise expressly provided for in these Terms of Use, or as authorised by us in writing, you will not, and will not permit or authorise third parties to:

modify, copy, reproduce or publish the Content; or

create a derivative work based on the App, or reverse engineer or reverse assemble the Content.

User owned content

In the event that there are any data, images, audio and video files uploaded by you to the App (User Content) you grant to Spiire a perpetual, irrevocable, non-exclusive, worldwide, transferable licence to use, exercise and exploit the intellectual property rights in all User Content for the purposes of Spiire’s business and the provision of the Services, and agree that Spiire may assign such rights at its discretion.

You acknowledge and agree that you, and not Spiire, are responsible for ensuring the lawfulness of your User Content and obtaining any and all necessary rights and consents to upload, store, and access any User Content.

You acknowledge and agree that it is your responsibility to ensure that:

your User Content does not infringe any intellectual property rights, privacy rights or any other rights of any person; and

your use of the Services does not breach any obligations of confidentiality to any person.

Access to the App

You agree and acknowledge that use of the Services is at your sole risk.

You accept all responsibility for any activity that occurs on the App during Access.

You agree that you will not:

use the App, Services or Content for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms of Use;

compromise the security of the Services;

use or attempt to use another person’s App account without authorisation;

use the App, Content or Services in any way that could damage the reputation of Spiire or the goodwill or other rights associated with the App, Content or Services;

use the App, Services or Content in a manner that violates the publicity, privacy or data-protection rights of others;

use the App or Content for re-sale purposes; and

encourage or enable any other individual to do any of the foregoing.

While Spiire also takes reasonable steps to ensure the Services are virus free, you acknowledge that you access the Services at your own risk and that Spiire is not responsible for any damage caused as a result of accessing the Services. This includes, but is not limited to, any monetary or other loss that may result from loss or corruption of data, system downtime or hardware damage.

Disclaimer and limitation of liability

The Content on the App provides general information only.

The App and Services provided are not intended to replace or serve as a substitute for any professional or expert advice, consultation or service and must not be relied upon as such.

Spiire, our related entities or any of their respective directors, officers, employees, contractors or agents (Employees) make no representation or warranty:

as to the accuracy, legality, suitability or reliability of the information contained in the Content; or

that the Services will be uninterrupted, without delay, error-free, omission-free or free of viruses.

You release Spiire, our related entities and Employees from any liability arising as a result of your reliance on the accuracy or currency of information contained in the Content.

To the extent permitted by law, you agree that neither Spiire, our related entities nor Employees will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the App, the Services, the Content or any omissions from the Content.

Indemnity

You agree to fully indemnify and hold harmless Spiire, and its related entities and Employees from and against any and all claims, actions, demands, liabilities, payments, settlement costs, loss (including consequential loss) or damage, including legal and accounting fees arising from or in connection with:

any breach by you of these Terms of Use including any warranty;

any negligent, reckless or intentional act or omission of you;

any breach of law by you in using the App or the Services;

any claim, arising out of or in connection with your use of the Services or Content, regarding the infringement or alleged infringement of the intellectual property rights of any person; and

your Access to the App.

You agree and acknowledge that each indemnity in these Terms of Use is a continuing obligation separate and independent from your other obligations in these Terms of Use and survives termination of your Access.

Safe use

You agree that your use of the App is at your own risk.

Spiire is not responsible and, to the extent permitted by law, Spiire disclaims all liability for any injury you or a third party may incur while using the App, or any damage to property, or death, resulting from your use of the App.

All Minors must be supervised by an adult at all times while using the App.

You agree:

not to engage in any injury-inducing or harm-inducing activity to yourself or to any third party while using the App;

that while using the App you will be mindful of your surrounding environment;

to exercise due care and awareness while using the App to ensure your personal safety and the safety of third parties; and

not to use the App in any situation that disorients or distracts you, including walking, running or moving in any way, including while driving or riding, that may cause you or a third party to breach any traffic or safety laws and regulations.

Termination

We may terminate your access to the App at any time without notice.

Termination will not affect any unpaid amounts due and payable to Spiire at the time of termination.

These Terms of Use will survive termination where intended.

General

These Terms of Use constitute the entire terms of the agreement between you and Spiire and supersede any prior representations, understandings or arrangements made between the parties, whether orally or in writing.

These Terms of Use are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts in Victoria, Australia.

If you access the Services from outside Australia you are responsible for ensuring compliance with all applicable laws in the place where you are located.

Nothing in these Terms of Use creates a joint venture, partnership, or the relationship of principal and agent, or employee and employer between the parties.

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

If we do not take steps in relation to a particular breach by you of these Terms of Use, this will not be treated as a waiver by us of our right to act with respect to that breach, or in respect of any subsequent or similar breaches.